Patna High CourtCR. MISC./42219/2019bail rejected

Abdul Kalam v. The State Of Bihar

2019-08-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42219 of 2019 Arising Out of PS. Case No.-14 Year-2018 Thana- PATAHI District- East Champaran ====================================================== ABDUL KALAM Son of Abdul Jalil Resident of Village- Champapur, P.S.- Patahi, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Tondon For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Patahi P.S. Case No. 14 of 2018, instituted for the offence under Section(s) 304(B)/34 of the Indian Penal Code pending in the court of learned Additional Chief Judicial Magistrate-VIIIth, Motihari, East Champaran.

Petitioner is husband of the deceased.

Prayer for bail of the petitioner was earlier rejected by this Court vide order dated 15.1.2019 passed in Cr. Misc. 74513 of 2018.

Report was called for from the court below which has been received. From the report it appears that trial is proceeding. Three witnesses have already been examined. The

Patna High Court CR. MISC. No.42219 of 2019(5) dt.21-08-2019 2/2 court below has mentioned in the report that trial is likely to be concluded within a period of three months.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer for bail of the petitioner stands rejected. The trial court is directed to conclude the trial as early as possible preferably within a period of six months from the date of receipt/production of copy of this order fixing the case on day-to-day basis and send compliance report to this Court.

Petitioner is given liberty to renew his prayer for bail after six months if no substantive progress is made in the trial. (Sanjay Priya, J) S.Ali/- U T